Township of Egg Harbor, NJ Permitted Modifications and Conditional Uses

Editor's Note: Former § 225-66, Existing undersized lots, as amended, was repealed 4-24-2002 by Ord. No. 20-2002.

§ 225-67 Lot frontage and area requirements.

[Amended 12-13-1976 by Ord. No. 22-1976]

If two or more lots or combinations of lots and portions of lots, other than as specified in § 225-13B, with continuous frontage in single ownership are of record as of the date of adoption of this chapter and if all or part of the lots do not meet the requirements for lot frontage and area as established by this chapter, the lands involved shall be considered to be an undivided parcel, and no portion thereof shall be used or sold which does not meet lot frontage and area requirements established by this chapter, nor shall any division of the parcel be made which leaves remaining any lot with frontage or area below the requirements stated in the Zoning Ordinance.

§ 225-68 Yard areas.

[Amended 12-8-1982 by Ord. No. 71-1982]

Front and rear yard depths for a single lot in any residential zone may be reduced by the Zoning Officer, provided that they conform to the average alignment of the front or rear yard for buildings in existence and adjacent to the lot, but such reduction shall be no greater than 1/3 of the required yard depth.

§ 225-69 (Reserved) [1]

Editor's Note: Former § 225-69, Lot size and frontage requirements in residential zones, as amended, was repealed 11-12-1997 by Ord. No. 49-1997.

§ 225-70 Industrial parks.

An industrial park development shall be permitted, provided that it contains only uses permitted in the M-1 Zoning Districts, and further provided that it shall have a total area of at least 25 acres.

Wherever the proposed use shall be set forth, the following area, yard and building requirements shall be applied, thus changing the schedule of the Zoning Ordinance to that extent. No individual use within said industrial park shall be on a plot of land less than one acre in size.

Within an industrial park area:

(a)

All frontages shall be a minimum of 150 feet.

(b)

All depths shall be a minimum of 250 feet.

(c)

Rear yards shall be a minimum of 30 feet.

(d)

All front yard setbacks shall be a minimum of 50 feet.

(e)

The minimum side yard shall be 15 feet in width.

The average lot size of lot lines in an industrial park shall be three acres. The average lot size shall be calculated by dividing the total land area of all proposed lots excluding street rights-of-way by the number of proposed lots.

§ 225-70.1 Office parks.

[Added 2-24-1993 by Ord. No. 9-1993]

An office park shall be permitted, provided that it contains only those uses permitted in the PO-2 Professional Office District, and further provided that it shall have a total area of at least 15 acres.

Wherever an office park is proposed, the following area, yard and building requirements shall apply, thus changing § 225-7 to that extent:

Minimum lot size: one acre, with an average lot size of two acres.

Minimum tract frontage: 200 feet.

Minimum lot width for each lot: 100 feet.

Drives and curb cuts: a maximum of two main drives for each office park shall be permitted. Only one curb cut per lot shall be permitted.

Thirty percent of each lot shall be devoted to landscaping.

Minimum front yard setback: 100 feet from English Creek Avenue; 50 feet from all other rights-of-way.

Minimum rear yard setback: 100 feet from any residential zone; 50 feet to any other zone.

(8)

Minimum side yard setback: 100 feet from any residential zone; 25 feet from any other zone.

(9)

Minimum parking area setback: 100 feet from any residential zone; 50 feet from any right-of-way; 25 feet from any rear or side property line; and 12.5 feet where cross-easements for parking areas are maintained.

Information shall be provided which demonstrates the construction of facilities sufficient to mitigate the traffic impact from the proposed development.

§ 225-71 Automobile service stations and gasoline filling stations.

[Amended 12-8-1982 by Ord. No. 71-1982; 2-24-1993 by Ord. No. 9-1993; 5-11-2011 by Ord. No. 16-2011; 4-11-2012 by Ord. No. 8-2012]

Automobile service stations and gasoline filling stations, whether allowed as a permitted use or as a conditional use in a zoning district, shall comply with the following standards and regulations:

Plans shall show the exact location of such public garage, the number of gasoline tanks to be installed, the dimensions and capacity of each tank, the depth at which the tanks will be placed below ground, the number of pumps to be installed, the type of structure and accessory buildings to be constructed, the number of automobiles to be garaged and a description of the nature and extent of the proposed use.

No part of any automobile filling station may be used for residence or sleeping purposes except by a watchman.

No part of any building used as an automobile service station nor filling pumps, car lifts, greasing equipment or other service equipment used to service or supply motor vehicles shall be erected within 50 feet of any residential zone boundary line.

All lifts and greasing equipment shall be located within an enclosed building.

No automobile service station shall store out of doors in a side or front yard wrecked, damaged or disassembled (either whole or in part) vehicles, boats or used automotive or marine parts or used supplies or materials thereof. Any such storage area located in a rear yard shall be screened so that no stored vehicle or article shall be visible from the front of the premises or to any adjacent premises.

Car wash facilities may be permitted as an accessory use. Site plan approval shall be required for an accessory use for car wash facilities.

Wrecked or junked or stripped vehicles or vehicles in an inoperative condition shall not be permitted on the premises for a period of more than 30 days. One customer's motor vehicle may be kept on the site for sale.

Lease or rental of motor vehicles may be permitted in conjunction with an automobile service station, provided that:

No vehicle storage or parking area shall be nearer than 10 feet to any lot line.

The side and rear property yards abutting the area containing such lease or rental vehicles shall be landscaped, fenced or screened to provide, at the time of installation, an effective visual barrier to obscure from view at ground level the stored vehicles from adjoining uses.

The number of vehicles permitted on a lot shall not interfere with nor impede the daily access to and circulation of the service operation.

Automobile service stations with overhead garage door access to the structure shall be designed so that the garage door accesses are not located on the front building façade visible from the principal highway.

§ 225-71.1 Motor vehicle towing and storage.

[Added 12-23-1996 by Ord. No. 42-1996]

Motor vehicle towing and storage, whether allowed as a permitted use or as a conditional use, shall require site plan approval and shall comply with the following requirements:

The site plan shall provide details and show the exact location, relative to lot lines, of all existing and proposed structures, fences, signs, light standards, landscaping, parking spaces and the area to be utilized for the storage of motor vehicles.

No vehicle may be dismantled, in whole or in part, on the premises to be sold.

No vehicle repairs or maintenance shall be made to those vehicles towed onto and stored on the premises.

Access driveways.

The minimum distance between any access driveways and a residence district or parcel used for residential purposes is 50 feet.

The minimum distance from adjoining property lines is 10 feet.

The minimum distance from minor intersections is 30 feet. Where intersecting streets are major or minor arterials as defined in the Master Plan, the minimum distance under this section shall be 50 feet. This distance shall be measured from the right-of-way lines of the intersecting streets involved.

The minimum distance between access driveways located on the subject lot shall be 30 feet.

A landscape buffer, designed in accordance with § 94-22C of the Township Code, a minimum of 25 feet in width, shall be provided along each lot line between the fence required in Subsection G and the property line.

Adequate provisions must be made for protection of soils and groundwater from contamination or degradation by motor vehicle fluids.

The entire perimeter of the subject site shall be enclosed with a chain link or opaque fence a minimum of eight feet in height.

The number of off-street parking spaces provided shall be at least equal to the number of employees on the largest shift. This required parking shall be in addition to the parking areas needed for tow trucks and such other vehicles as may be required as part of the towing and storage operation.

Motor vehicle towing and storage shall comply with all other applicable state, county and municipal codes, ordinances and regulations.

§ 225-72 Multifamily residential buildings.

[Amended 3-28-2001 by Ord. No. 10-2001]

Where permitted, multifamily residential development shall be a permitted use in the R-5 Apartment Zone, subject to the regulations set forth hereinafter.

Permitted accessory uses. Accessory uses which are customarily incidental to said use, such as but not limited to the following, shall be permitted on the same lot:

Private car garages.

Swimming pools.

Recreation areas and incidental structures accessory thereto.

Management offices.

Maintenance and storage buildings.

Height, area, yard and density regulations and requirements:

Minimum lot size: five acres for R-5 Apartment Zones; 10 acres for R-4 Zones.

Minimum frontage: 300 feet for R-5 Apartment Zones; and 500 feet for R-4 Zones.

Minimum front, side and rear yard width: 50 feet.

Maximum density: 12 units per acre in the R-5 Apartment Zones; and 10 units per acre in the R-4 Zones.

Maximum percent lot coverage: 20%.

The height of the habitable portion of the buildings should not exceed two stories, and the total height of the building shall not exceed 2 1/2 stories, nor 30 feet in height. No basement units are permitted.

No dwelling unit shall have a floor area of less than 750 square feet. No two-or-more-bedroom dwelling unit shall have a floor area of less than 950 square feet.

Floor plans of typical units shall be required. Any room other than kitchen, bathroom, closet or combined living-dining room shall be counted as a bedroom for purposes hereof.

Design standard requirements.

No separate freestanding building shall be closer than 30 feet to any other building, and, furthermore, each structure shall be so designed and located on the site that the distance from at least one window of every room used for human habitation shall not be less than 50 feet from any window in any other building on the site.

No more than 16 dwelling units shall be contained in any one continuous structure, and there shall be no more than four dwelling units in any unbroken building line. A setback of not less than four feet shall be deemed a satisfactory break in the building line, and further provided that the building length shall be limited to 200 feet.

A planting screen having a minimum width of 10 feet shall be provided along all interior lot lines. This screen shall consist primarily of evergreen trees so as to provide visual obstruction. Planting material shall be at least five feet high at time of planting, and it shall be the responsibility of the owner to carry out this program and to promote such maintenance and care as is required to obtain the effect intended by the original plan.

Each dwelling unit shall have two doorways for entrance and exit from the outside of the structure to the unit itself.

Off-street parking requirements.

No on-street parking shall be permitted on any street, road, thoroughfare, accessway or driveway, whether public or private.

Each parking area shall contain no more than 50 vehicle spaces and shall be adequately lighted either with wall-mounted or post-mounted ornamental fixtures.

No off-street parking spaces, including garages, shall be located closer than seven feet to the principal building, and no principal building shall have off-street parking areas located on all sides of the building.

No off-street parking area shall be located closer than 10 feet to a side or rear property line.

Recreational requirements. The following recreational requirements shall be met and developed with facilities suitable to serve the residents of the dwelling units. Said facilities shall be located so as not be detrimental to adjacent property owners by virtue of noise, light, glare and any other objectionable features emanating therefrom.

The minimum size of any one recreational area shall be 10,000 square feet.

Five percent of the gross area shall be developed for recreational purposes.

Other planning requirements. All projects shall be serviced by public water and sewer utilities.

§ 225-73 Planned adult community.

[Amended 12-8-1982 by Ord. No. 71-1982; 4-13-1983 by Ord. No. 11-1983; 11-9-1983 by Ord. No. 35-1983; 7-26-2000 by Ord. No. 31-2000]

It has been determined that there is a need for housing projects located and designed to meet the special needs and habits of older people, to be known as "planned adult communities (PAC)."

Occupancy and housing standards.

For the purposes of this section, an "adult household" shall be deemed to mean a single individual, married couple or persons living together who are 55 years or older as specified by federal law at the time of occupancy.

Persons under the age of 55 may reside in a dwelling unit with an adult person(s) if the presence of such person is essential to the physical care, economic support or is a relative of the adult person(s) head of household, except that no such person(s) shall be less than 18 years of age.

Dwelling units shall be arranged as separate detached dwelling units and should consist of complete living accommodations, including cooking facilities.

Conditional use requirements. The planned adult communities shall be permitted as a conditional use in the RG-2 through RG-5 Zones of the Township subject to the following conditions:

[Amended 3-24-2004 by Ord. No. 14-2004]

Minimum tract size shall be 50 acres.

Minimum road frontage for the tract shall be 250 feet.

A buffer with a minimum width of 20 feet to a maximum width of 50 feet must be provided around the perimeter of the tract.

The minimum lot area shall be 5,500 square feet for interior lots and 7,000 square feet for corner lots.

The minimum lot width shall be 50 feet for interior lots and 65 feet for corner lots. All lots shall also be a minimum of 50 feet wide when measured at a distance of 80 feet from the front property line.

The minimum lot depth shall be 110 feet.

The setback requirements shall be 20 feet for the front yard, 20 feet for the rear yard and five feet for the side yard.

(8)

The maximum building coverage shall be 40%.

(9)

The maximum impervious coverage for the entire tract shall be 60%.

(10)

The maximum building height shall be 30 feet.

Density, open space and recreation requirements.

The minimum required open space shall be at least 20% of the net acreage of the site after the subtraction of all designated wetland, buffer areas or areas to be utilized for stormwater management.

Recreational facilities such as swimming pools, tennis courts, jogging paths, lawn areas, etc., shall be provided as part of the open space to meet the needs of the residents. A clubhouse shall be constructed with a minimum square footage of 15 square feet per home in the development with a minimum size of 3,000 square feet. The Planning Board may elect to receive an in-lieu recreation fee in accordance with § 94-28 of the Design and Performance Standards based on the requirements of § 94-28 and values agreed upon between the applicant and Planning Board Engineer.

The maximum number of units permitted for the adult community in the RG-1, RG-2, RG-3, RG-4 and RG-5 Zones shall be equal to the number of base units permitted for the tract pursuant to the zoning in effect at the time of decision. Additional units may be included through the purchase of Pinelands development credits in accordance with the requirements of § 225-44E, 225-45E, 225-47E or 225-49E for the relevant district.

[Amended 12-26-2001 by Ord. No. 49-2001; 11-13-2002 by Ord. No. 67-2002; 11-13-2002 by Ord. No. 68-2002; 6-9-2004 by Ord. No. 30-2004]

Additional requirements.

No accessory buildings shall be permitted on the single-family lots. All patios and decks must adhere to the five-foot side yard setback and a ten-foot rear yard setback.

Fencing within the development shall be deed restricted so as to be consistent in size, materials and color.

A homeowners' association shall be formed in accordance with § 94-31 of the Township Code. All common open space and recreational areas shall be owned and maintained by the association in accordance with § 94-29 of the Township Code.

All projects must be served by public sewer and water facilities.

There shall be a minimum of two access drives serving the proposed PAC that are separated by a minimum 250 feet. The internal access roads shall connect with only secondary arterial, major collector or minor collector streets as designated in the adopted Township Master Plan.[1]

Editor's Note: Original Section 1111, Special exception filing and administration procedures, which previously followed this section, was repealed 12-8-1982 by Ord. No. 71-1982. It was also repealed 11-9-1983 by Ord. No. 31-1983.

§ 225-74 Sexually oriented businesses.

[Added 11-25-1987 by Ord. No. 55-1987]

Declaration and findings of policy; scope.

Whereas, sexually oriented businesses are a serious hazard to the public health, welfare, safety and quality of life; and whereas, sexually oriented businesses have a demonstrable deleterious effect on both the existing businesses and surrounding residential areas; and whereas, sexually oriented businesses create an atmosphere which is inimical to the values of this significant segment of the Township's population; and whereas, sexually oriented businesses, when located in close proximity to each other, contribute to urban blight and downgrade the quality of life in the surrounding area, now, therefore, it is the policy of the Township of Egg Harbor to regulate sexually oriented businesses, to protect the public health, welfare and safety and the quality of life.

ADULT BOOKSTORE or ADULT VIDEO STORE

This section shall apply to the regulation of sexually oriented businesses within the limits of the Township of Egg Harbor.

Definitions. As used in this section, the following terms shall have the meanings indicated:

ADULT ARCADE

Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically or mechanically controlled still or motion-picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.

A commercial establishment which, as one of its principal business purposes, offers for sale or for rental for any form of consideration any one or more of the following:

Books, magazines, periodicals or other printed material or photographs, films, motion pictures, video cassettes or video productions, slides or other visual representations which depict or describe specified sexual activities or specified anatomical areas.

Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.

ADULT CABARET

A nightclub, bar, restaurant or similar commercial establishment which regularly features:

Persons who appear in a state of nudity;

Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or

Films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

ADULT MOTEL

A hotel, motel or similar commercial establishment which offers accommodations to the public for any form of consideration and which:

Provides patrons with closed circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas and has a sign visible from a public right-of-way which advertises the availability of this adult type of photographic reproductions;

Offers a sleeping room for rent for a period of time that is less than 10 hours; or

ADULT MOTION-PICTURE THEATER

Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 10 hours.

A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

ADULT THEATER

A theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.

COMMERCIAL DISPLAY

The exhibition to the senses of another person for valuable consideration, whether the valuable consideration is paid by the recipient of the exhibition or by another, and whether the exhibition occurs at the exhibitor's place of business or elsewhere.

NUDITY or A STATE OF NUDITY

The appearance of a human bare buttock, anus, male genitals, female genitals or female breasts.

OBSCENE MATERIALS

The definition of obscene materials set forth in P.L. 1978, c. 95, as amended by P.L. 1982, c. 211, Section 1 (effective December 23, 1982, as N.J.S.A. 2C:34-2) as the same shall be from time to time amended or supplemented, as well as in accordance with or not more strictly than judicial interpretations thereof pursuant to the Constitutions of the United States and of the State of New Jersey finally concluded in courts of jurisdiction sufficient to render decisions on constitutional questions of general application.

PERSON

An individual, proprietorship, partnership, corporation, association or other legal entity.

SEXUALLY ORIENTED BUSINESS

An adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion-picture theater or adult theater.

SPECIFIED ANATOMICAL AREAS

Less than completely and opaquely covered human genitals, pubic region, buttock or female breasts below the point immediately above the top of the areola; or

SPECIFIED SEXUAL ACTIVITIES

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Includes any of the following:

The fondling or other erotic touching of human genitals, pubic region, buttock or female breasts.

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy.

Masturbation, actual or simulated.

Excretory functions as part of or in connection with any of the activities set forth in Subsections (1) through (3).

Location of sexually oriented businesses.

A person violates this section if he operates or causes to be operated a sexually oriented business within 1,000 feet of:

(a)

Places of worship.

(b)

Any school, whether public or private.

(c)

A boundary of a residential district as defined by the Township of Egg Harbor Land Use Ordinance.

(d)

Any other sexually oriented business.

Measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a place of worship, a school, a boundary of a residential district, a public area, a lot devoted to residential use or another sexually oriented business.

Development standards.

Buildings used for sexually oriented businesses shall meet all applicable safety standards of the Township of Egg Harbor, including but not limited to adequate fireproofing of walls, floors, ceilings, adequate fire escapes and exits and adequate fireproofing of all book storage areas.

Parking shall be provided at a ratio of one square foot of parking for every square foot of building area. Such parking shall be paved, striped and appropriately marked and otherwise complying with all existing requirements for off-street parking plan and design standards. In addition, all parking spaces shall be linked in an internal circulation system with one access and one egress point to and from the subject's site. No parking shall be allowed within the buffer area designated in this section.

All off-site improvements, such as curbs, gutters, sidewalks, drive approaches and street trees shall be provided as required by the Planning Board.

The interior of the bookstore or adult facility shall be adequately lighted and constructed so that every portion thereof is readily visible to the clerk or other supervisory personnel from the counter or other regular stations.

Lobby and entrance areas should be designed so as to minimize obstruction of sidewalks during operating hours.

Advertisements, displays or other promotional material shall not be shown or exhibited so as to be visible to the public from pedestrian sidewalks or walkways or from other areas, public or semipublic; and such displays shall be considered signs.

No loudspeakers or sound equipment shall be used for adult bookstores, adult motion-picture theaters or adult mini-motion-picture theaters, as defined herein and shall be evaluated subject to the following controls:

(a)

Minimum site size. The minimum site size shall be two acres, with a minimum width of 400 feet.

(b)

Lot coverage. Coverage of the lots by the principal building shall not exceed 5% of the total site area.

(c)

Building height. Maximum height of the building shall not exceed 2 1/2 stories or 35 feet.

(d)

Buffer area. At a minimum, and except where otherwise noted, there shall be a buffer area of 100 feet around the entire perimeter of this site. This area shall be landscaped with a double alternating row of evergreen trees, six feet in height at time of planting, spaced eight feet on center. Such trees shall augment natural landscaping. In the event that natural landscaping is not available around the site, then additional landscaping shall be provided in the form of another alternating row of evergreen trees as prescribed herein.

(e)

Building setback. The principal building shall be set back 150 feet from any road or front property line.

(f)

Signs. The sign identifying the subject property shall be limited to 10 square feet and shall be wall-mounted upon the principal building. The sign shall be limited to lettering indicating the name and address of the facility only.

The sign shall be applied flat against the wall and shall not project beyond the side or top of the wall to which it is affixed, nor shall such signs project more than 14 inches from the front wall. All flashing, moving, intermittently moving and illuminated signs, reflecting signs or luminous signs and/or advertising devices shall be prohibited. However, backlighting of the principal sign may be permitted.

[2]

No temporary signs made of paper, cardboard, canvas or other similar material, banners, etc., are permitted.

[3]

No signs or billboards shall be placed on the roof of any buildings.

(g)

All trash, refuse, articles or any matter to be disposed of shall be shredded or cut in such a fashion so that the remains shall not be readable, legible or discernible.

(h)

Construction of all walls and partitions in buildings in which movies, films or shows of any kind are shown shall be subject to the following:

In the construction of all walls and partitions in all rooms or booths, material of not less than one hour fire-resistant time shall be used.

[2]

All aisles in such establishment shall be less than 50 inches in width.

[3]

The light level in such establishments shall not be less than 10 footcandles at floor level.

[4]

In every room of such establishments, there shall not be fewer than two lighted exits within the constant and unobstructed view of the occupants, which exits shall lead directly to the outside of such building.

(i)

Single use. No building, premises, structure or other facility that contains any adult establishment shall contain any other kind of adult establishment. No building, premises or structure or other facility in which sexually oriented devices are sold, distributed, exhibited or contained shall contain any adult establishment.

Use regulations.

No person under the age of 18 shall be permitted into any sexually oriented business premises at any time for any purpose. A sign conspicuously posted shall give notice of this regulation.

Hours of operation shall be no earlier than 9:00 a.m. nor later than 12:00 midnight, prevailing time, on weekdays and Saturdays. All sexually oriented businesses shall be closed on Sundays.

No smoking is permitted in any sexually oriented business. No consumption of alcoholic beverages is permitted at any time in any sexually oriented business.

Enforcement.

Any person violating any provision of this section, upon conviction, is punishable by a fine not to exceed $1,000 or a term of imprisonment not to exceed 90 days, or both. In no event shall any person violating this section, upon conviction, receive a fine below the amount of $100.